Love As a Matter of Contract?

Legal claims against employers can arise out of a number of romantic (or not-so-romantic) scenarios. For example:

• An employee asserts a claim against an employer after his or her romantic relationship with a supervisor or co-worker ends, typically claiming that the relationship was coerced — a claim of quid pro quo harassment.
• An employee continues to make sexual advances towards a former partner in the workplace after the relationship ends. Here, courts have often found that a hostile work environment claim can prevail.
• An employee claims that a supervisor retaliated against him or her following the termination of a relationship. Interestingly enough, some courts have found that these types of claims are not viable because they are predicated on the termination of a relationship, not the plaintiff's gender.
• An employee claims that he or she has suffered an adverse employment action because a supervisor favored another employee with whom he or she had a romantic relationship. Like the retaliation claims previously discussed, courts have found that such “paramour” claims cannot succeed because they are based on the alleged favoritism, not the gender of the plaintiff. Note, however, that the Equal Employment Opportunity Commission has issued guidance to the effect that sexual favoritism can rise to the level of an actionable claim.
• A supervisor retaliates against an employee for complaining that the supervisor favors another employee with whom he or she has a romantic relationship. Beware: while, as noted, the employee may not have a claim on the basis of the favoritism itself, courts have repeatedly held that retaliation on the basis of a good-faith belief that discrimination is occurring is actionable.

Warding Off Claims